NANDINI DUNDLODIA Vs. AKASH MUKESH SHARMA

JUDGEMENT

(1.) Heard Mr. O.P. Bhati, learned counsel for the petitioner and Mr. M.K. Sarma, learned counsel for respondent Nos. 1 and 2.

(2.) The petitioner has filed an application u/s 401 of the Code of Criminal Procedure (Cr.PC for short) read with Sec. 227 of the Constitution of India challenging the validity of the order dtd. 28/10/2022 passed by the learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (M), Guwahati in Misc. Case No. 40M/2014, Guwahati whereby the prayer of the petitioner 'X' (name withheld) for recalling the order dtd. 14/3/2022 has been rejected.

(3.) The learned counsel for the respondents has submitted that the original petition was filed u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act for short) and the order was passed on 14/3/2022. This petition is not maintainable as only appeal lies against an order passed in connection with any petition filed u/s 12 of the D.V. Act.